After separation, it is common for parties to begin with informal arrangements. Sometimes that is appropriate. However, an arrangement that works in the short term is not necessarily reliable over time.
Risk usually increases when reliance increases
A useful way to approach formalisation is to consider not only whether the arrangement currently works, but whether it is now being relied on.
- Parenting arrangements underpin work, schooling or regular routines
- Financial proposals are being relied on for housing or asset decisions
- Communication has become inconsistent or strained
- There is a realistic possibility of future dispute
Dates and limitation periods can change the analysis
If married parties have unresolved financial or property issues, court applications generally need to be brought within 12 months after a divorce takes effect. De facto parties generally have two years from breakdown.
This material is general in nature and is not a substitute for tailored legal advice.